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Agenda 02/23/2021 Item #16E3 (Assumption Agreement Under Agreement #17-7091)
02/23/2021 EXECUTIVE SUMMARY Recommendation to approve an Assumption Agreement assigning all rights, duties and benefits, and obligations to Amaya Solutions, Inc., under Agreement # 17-7091, “Countywide Chemicals.” OBJECTIVE: To approve an Assumption Agreement assigning Agreement # 17-7091, “Countywide Chemicals,” to Amaya Solutions, Inc. CONSIDERATIONS: On April 11, 2017 (Agenda Item No. 16.C.4), the County entered into Agreement # 17-7091, “Countywide Chemicals,” with American Water Chemicals, Inc. (“AWC”), for the purchase of various chemicals required for portable water, wastewater, and irrigation quality water treatment. Amaya Solutions, Inc. (“Amaya”) represents and warrants to the County that through the execution of a Bill of Sale (the “Purchase Agreement”) dated October 1, 2020 between Amaya and AWC, Amaya is now the successor in interest to Agreement # 17-7091. Staff obtained the necessary documents from Amaya to confirm the assignment, which have been reviewed and accepted by the County Attorney’s Office. American Water Chemicals, Inc. FEIN 95-4412808 Amaya Solutions, Inc. FEIN 84-4097612 Staff is recommending approval of an Assumption Agreement with Amaya Solutions, Inc. assigning all rights, duties, benefits, and obligations under Agreement # 17-7091. FISCAL IMPACT: There is no fiscal impact. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote for Board approval.-SRT RECOMMENDATION: To approve an Assumption Agreement assigning all rights, duties and benefits and obligations to Amaya Solutions, Inc. under Agreement #17-7091, “Countywide Chemicals,” and authorize the Chair to sign the attached Assumption Agreement. Prepared by: Priscilla Doria, Procurement Strategist, Procurement Services Division ATTACHMENT(S) 1. 17-7091_Assumption_AmayaSolutionsInc_VendorSigned (PDF) 2. Supporting Documentation-Combined (PDF) 16.E.3 Packet Pg. 1086 02/23/2021 COLLIER COUNTY Board of County Commissioners Item Number: 16.E.3 Doc ID: 14882 Item Summary: Recommendation to approve an Assumption Agreement assigning all rights, duties and benefits, and obligations to Amaya Solutions, Inc., under Agreement # 17-7091, “Countywide Chemicals.” Meeting Date: 02/23/2021 Prepared by: Title: – Procurement Services Name: Priscilla Doria 01/29/2021 4:35 PM Submitted by: Title: Manager - Procurement – Procurement Services Name: Sandra Herrera 01/29/2021 4:35 PM Approved By: Review: Procurement Services Opal Vann Level 1 Purchasing Gatekeeper Completed 02/01/2021 8:09 AM Procurement Services Sue Zimmerman Additional Reviewer Completed 02/01/2021 1:46 PM Procurement Services Sandra Herrera Additional Reviewer Completed 02/01/2021 2:08 PM Administrative Services Department Michael Cox Level 1 Department Reviewer Completed 02/02/2021 12:59 PM Administrative Services Department Len Price Level 2 Department Head Review Completed 02/08/2021 4:22 PM County Attorney's Office Scott Teach Level 2 Attorney Review Completed 02/10/2021 12:02 PM Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 02/10/2021 12:39 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 02/10/2021 12:58 PM Office of Management and Budget Laura Wells Additional Reviewer Completed 02/11/2021 8:42 AM County Manager's Office Dan Rodriguez Level 4 County Manager Review Completed 02/11/2021 5:28 PM Board of County Commissioners MaryJo Brock Meeting Pending 02/23/2021 9:00 AM 16.E.3 Packet Pg. 1087 16.E.3.aPacket Pg. 1088Attachment: 17-7091_Assumption_AmayaSolutionsInc_VendorSigned (14882 : #17-7091_Assumption Agreement_AmayaSolutions) 16.E.3.a Packet Pg. 1089 Attachment: 17-7091_Assumption_AmayaSolutionsInc_VendorSigned (14882 : #17-7091_Assumption Agreement_AmayaSolutions) 16.E.3.aPacket Pg. 1090Attachment: 17-7091_Assumption_AmayaSolutionsInc_VendorSigned (14882 : #17-7091_Assumption Agreement_AmayaSolutions) 16.E.3.aPacket Pg. 1091Attachment: 17-7091_Assumption_AmayaSolutionsInc_VendorSigned (14882 : #17-7091_Assumption Agreement_AmayaSolutions) 16.E.3.aPacket Pg. 1092Attachment: 17-7091_Assumption_AmayaSolutionsInc_VendorSigned (14882 : #17-7091_Assumption Agreement_AmayaSolutions) 16.E.3.aPacket Pg. 1093Attachment: 17-7091_Assumption_AmayaSolutionsInc_VendorSigned (14882 : #17-7091_Assumption Agreement_AmayaSolutions) 16.E.3.aPacket Pg. 1094Attachment: 17-7091_Assumption_AmayaSolutionsInc_VendorSigned (14882 : #17-7091_Assumption Agreement_AmayaSolutions) 16.E.3.aPacket Pg. 1095Attachment: 17-7091_Assumption_AmayaSolutionsInc_VendorSigned (14882 : #17-7091_Assumption Agreement_AmayaSolutions) 16.E.3.aPacket Pg. 1096Attachment: 17-7091_Assumption_AmayaSolutionsInc_VendorSigned (14882 : #17-7091_Assumption Agreement_AmayaSolutions) 16.E.3.aPacket Pg. 1097Attachment: 17-7091_Assumption_AmayaSolutionsInc_VendorSigned (14882 : #17-7091_Assumption Agreement_AmayaSolutions) 16.E.3.aPacket Pg. 1098Attachment: 17-7091_Assumption_AmayaSolutionsInc_VendorSigned (14882 : #17-7091_Assumption Agreement_AmayaSolutions) 16.E.3.aPacket Pg. 1099Attachment: 17-7091_Assumption_AmayaSolutionsInc_VendorSigned (14882 : #17-7091_Assumption Agreement_AmayaSolutions) 16.E.3.aPacket Pg. 1100Attachment: 17-7091_Assumption_AmayaSolutionsInc_VendorSigned (14882 : #17-7091_Assumption Agreement_AmayaSolutions) 16.E.3.aPacket Pg. 1101Attachment: 17-7091_Assumption_AmayaSolutionsInc_VendorSigned (14882 : #17-7091_Assumption Agreement_AmayaSolutions) 16.E.3.aPacket Pg. 1102Attachment: 17-7091_Assumption_AmayaSolutionsInc_VendorSigned (14882 : #17-7091_Assumption Agreement_AmayaSolutions) 16.E.3.aPacket Pg. 1103Attachment: 17-7091_Assumption_AmayaSolutionsInc_VendorSigned (14882 : #17-7091_Assumption Agreement_AmayaSolutions) 16.E.3.aPacket Pg. 1104Attachment: 17-7091_Assumption_AmayaSolutionsInc_VendorSigned (14882 : #17-7091_Assumption Agreement_AmayaSolutions) 16.E.3.aPacket Pg. 1105Attachment: 17-7091_Assumption_AmayaSolutionsInc_VendorSigned (14882 : #17-7091_Assumption Agreement_AmayaSolutions) 16.E.3.aPacket Pg. 1106Attachment: 17-7091_Assumption_AmayaSolutionsInc_VendorSigned (14882 : #17-7091_Assumption Agreement_AmayaSolutions) 16.E.3.aPacket Pg. 1107Attachment: 17-7091_Assumption_AmayaSolutionsInc_VendorSigned (14882 : #17-7091_Assumption Agreement_AmayaSolutions) 16.E.3.aPacket Pg. 1108Attachment: 17-7091_Assumption_AmayaSolutionsInc_VendorSigned (14882 : #17-7091_Assumption Agreement_AmayaSolutions) 16.E.3.aPacket Pg. 1109Attachment: 17-7091_Assumption_AmayaSolutionsInc_VendorSigned (14882 : #17-7091_Assumption Agreement_AmayaSolutions) 16.E.3.aPacket Pg. 1110Attachment: 17-7091_Assumption_AmayaSolutionsInc_VendorSigned (14882 : #17-7091_Assumption Agreement_AmayaSolutions) 16.E.3.aPacket Pg. 1111Attachment: 17-7091_Assumption_AmayaSolutionsInc_VendorSigned (14882 : #17-7091_Assumption Agreement_AmayaSolutions) 16.E.3.aPacket Pg. 1112Attachment: 17-7091_Assumption_AmayaSolutionsInc_VendorSigned (14882 : #17-7091_Assumption Agreement_AmayaSolutions) 16.E.3.aPacket Pg. 1113Attachment: 17-7091_Assumption_AmayaSolutionsInc_VendorSigned (14882 : #17-7091_Assumption Agreement_AmayaSolutions) 16.E.3.aPacket Pg. 1114Attachment: 17-7091_Assumption_AmayaSolutionsInc_VendorSigned (14882 : #17-7091_Assumption Agreement_AmayaSolutions) 16.E.3.aPacket Pg. 1115Attachment: 17-7091_Assumption_AmayaSolutionsInc_VendorSigned (14882 : #17-7091_Assumption Agreement_AmayaSolutions) 16.E.3.aPacket Pg. 1116Attachment: 17-7091_Assumption_AmayaSolutionsInc_VendorSigned (14882 : #17-7091_Assumption Agreement_AmayaSolutions) New Business/Vendor Form (Version 3) 1/8/2020 NEW BUSINESS/VENDOR FORM For all Board approved contracts, the Board of County Commissioners shall approve all assignments of contracts requested by the predecessor contracting party, per (Procurement Ordinance (19) (8)).Upon receipt of all proper documentation, Collier County Procurement will draft an Assumption Agreement which will be presented at the next available board meeting for Board approval and execution. Concerning Collier County Agreement #/Title: ______________________________________________________________ with _____________________________________________________________________________(current vendor) Please select one of the following: Merger Acquisition Change in Business Organization (i.e. Corporation to LLC, Sole Proprietor to Partnership, Etc.) Other ____________________________________________________________________________________________________ ADDITIONAL REQUIRED DOCUMENTS Documentation cannot be in the names of affilates, subsidiaries or parent companies. You will be notified if any additional information is needed based on the particulars of your firm’s merger or acquisition. 1.Formal documentation of the acquisition/merger, signed by the Corporate Officer(s), showing the effective date of purchase, and/or a detailed Asset Purchase Agreement. 2.Company W-9 3.Current Certification from the Florida Department of State, Division of Corporations showing firm’s name 4.Certificates of insurance meeting contractual insurance requirements 5.Department of Homeland Security’s E-Verify MOU or profile page 6.Corporate resolution listing the signatory as authorized to sign 7.Business License 8.Required licenses/certifications to perform duties/tasks under Agreement (if applicable) Email this completed form along with the above listed documents to: PurOps@colliercountyfl.gov or Priscilla.Doria@colliercountyfl.gov NEW BUSINESS INFORMATION Legal Name (as registered with the IRS) Assumed Name (doing business as) FEIN-TAX ID Principal Address Mailing/Remittance Address (if different from above) Point of Contact Name/Title: Phone Number: Email: By submitting this form, you certify that: (a)you are authorized to represent the business listed above; and (b) all the information you have provided above is true and correct; Your Name (Print Name) & Title Signature Date Phone/ Email 16.E.3.b Packet Pg. 1117 Attachment: Supporting Documentation-Combined (14882 : #17-7091_Assumption Agreement_AmayaSolutions) 16.E.3.b Packet Pg. 1118 Attachment: Supporting Documentation-Combined (14882 : #17-7091_Assumption Agreement_AmayaSolutions) 16.E.3.b Packet Pg. 1119 Attachment: Supporting Documentation-Combined (14882 : #17-7091_Assumption Agreement_AmayaSolutions) Department of State /Division of Corporations /Search Records /Search by Entity Name / DIVISION OF CORPORATIONSFlorida Department of State Page 1 of 3Detail by Entity Name 9/17/2020http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=Entity... 16.E.3.b Packet Pg. 1120 Attachment: Supporting Documentation-Combined (14882 : #17-7091_Assumption Agreement_AmayaSolutions) Document Number FEI/EIN Number Date Filed State Status Detail by Entity Name Foreign Profit Corporation AMAYA SOLUTIONS, INC. Filing Information F20000003944 84-4097612 09/11/2020 DE ACTIVE Principal Address 1802 CORPORATE CENTER LANE PLANT CITY, FL 33563 Mailing Address 1802 CORPORATE CENTER LANE PLANT CITY, FL 33563 Registered Agent Name & Address ALMALKI, MOHANNAD 1802 CORPORATE CENTER LN PLANT CITY, FL 33563 Officer/Director Detail Name & Address Title DIRP, SEC ALMALKI, MOHANNAD 1802 CORPORATE CENTER LN PLANT CITY, FL 33563 Title DIR ALMALKI, MAZEN 1802 CORPORATE CENTER LN PLANT CITY, FL 33563 Title TREASURER CANEZO, RODOLFO B 1802 CORPORATE CENTER LN PLANT CITY, FL 33563 Annual Reports No Annual Reports Filed Document Images 09/11/2020 -- Foreign Profit View image in PDF format Page 2 of 3Detail by Entity Name 9/17/2020http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=Entity... 16.E.3.b Packet Pg. 1121 Attachment: Supporting Documentation-Combined (14882 : #17-7091_Assumption Agreement_AmayaSolutions) Florida Department of State, Division of Corporations Page 3 of 3Detail by Entity Name 9/17/2020http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=Entity... 16.E.3.b Packet Pg. 1122 Attachment: Supporting Documentation-Combined (14882 : #17-7091_Assumption Agreement_AmayaSolutions) Previous on List Next on List Return to List No Filing History Fictitious Name Search Submit Previous on List Next on List Return to List No Filing History Fictitious Name Search Submit Fictitious Name Detail Fictitious Name AMERICAN WATER CHEMICALS Filing Information Registration Number G20000119697 Status ACTIVE Filed Date 09/15/2020 Expiration Date 12/31/2025 Current Owners 1 County HILLSBOROUGH Total Pages 1 Events Filed NONE FEI/EIN Number 84-4097612 Mailing Address 1802 CORPORATE CENTER LANE PLANT CITY, FL 33563 Owner Information AMAYA SOLUTIONS, INC 1802 CORPORATE CENTER LANE PLANT CITY, FL 33563 FEI/EIN Number: 84-4097612 Document Number: F20000003944 Document Images 09/15/2020 -- REGISTRATION View image in PDF format Florida Department of State, Division of Corporations D IVISION OF CORPORATIONSFlorida Department of State Page 1 of 1sunbiz.org - Florida Department of State 9/17/2020http://dos.sunbiz.org/scripts/ficidet.exe?action=DETREG&docnum=G20000119697&rdoc... 16.E.3.b Packet Pg. 1123 Attachment: Supporting Documentation-Combined (14882 : #17-7091_Assumption Agreement_AmayaSolutions) THE E-VERIFY MEMORANDUM OF UNDERSTANDING FOR EMPLOYERS USING AN E-VERIFY EMPLOYER AGENT ARTICLE I PURPOSE AND AUTHORITY The parties to this agreement are the Department of Homeland Security (DHS), the Amaya Solutions, Inc. (Employer), and the E-Verify Employer Agent. The purpose of this agreement is to set forth terms and conditions which the Employer and the E-Verify Employer Agent will follow while participating in E-Verify. E-Verify is a program that electronically confirms an employee's eligibility to work in the United States after completion of Form I-9, Employment Eligibility Verification (Form I-9). This Memorandum of Understanding (MOU) explains certain features of the E-Verify program and describes specific responsibilities of the Employer, the E-Verify Employer Agent, the Social Security Administration (SSA), and DHS. Authority for the E-Verify program is found in Title IV, Subtitle A, of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), Pub. L. 104-208, 110 Stat. 3009, as amended (8 U.S.C. Section 1324a note). The Federal Acquisition Regulation (FAR) Subpart 22.18, "Employment Eligibility Verification" and Executive Order 12989, as amended, provide authority for Federal contractors and subcontractors (Federal contractor) to use E- Verify to verify the employment eligibility of certain employees working on Federal contracts. ARTICLE II RESPONSIBILITIES A. RESPONSIBILITIES OF THE EMPLOYER 1. The Employer agrees to display the following notices supplied by DHS in a prominent place that is clearly visible to prospective employees and all employees who are to be verified through the system: A. Notice of E-Verify Participation B. Notice of Right to Work 2. The Employer agrees to provide to the SSA and DHS the names, titles, addresses, and telephone numbers of the Employer representatives to be contacted about E-Verify. The Employer also agrees to keep such information current by providing updated information to SSA and DHS whenever the representatives' contact information changes. 3. The Employer shall become familiar with and comply with the most recent version of the E-Verify User Manual. The Employer will obtain the E-Verify User Manual from the E-Verify Employer Agent. 4. The Employer agrees to comply with current Form I-9 procedures, with two exceptions: A. If an employee presents a "List B" identity document, the Employer agrees to only accept "List B" documents that contain a photo. (List B documents identified in 8 C.F.R. 274a.2(b)(1)(B)) can be presented during the Form I-9 process to establish identity.) If an employee objects to the photo requirement for religious reasons, the Employer should contact E-Verify at 1-888-464-4218. B. If an employee presents a DHS Form I-551 (Permanent Resident Card), Form I-766 (Employment Authorization Document), or U.S. Passport or Passport Card to complete I-Form I-9, the Employer agrees to make a photocopy of the document and to retain the photocopy with the employee's Form I-9. The Employer will use the photocopy to verify the photo and to assist DHS with its review of photo mismatches that employees contest. DHS may in the future designate other documents that activate the photo screening tool. Note: Subject only to the exceptions noted previously in this paragraph, employees still retain the right to present any List A, or List B and List C, document(s) to complete the Form I-9. 5. The Employer agrees to record the case verification number on the employee's Form I-9 or to print the screen containing the case verification number and attach it to the employee's Form I-9. Company ID Number:72760 Client Company ID Number:1624574 Page 1 of 13 | E-Verify MOU for Employers Using an E-Verify Employer Agent | Revision Date 06/01/13 16.E.3.b Packet Pg. 1124 Attachment: Supporting Documentation-Combined (14882 : #17-7091_Assumption Agreement_AmayaSolutions) 6. The Employer agrees that, although it participates in E-Verify, the Employer has a responsibility to complete, retain, and make available for inspection Forms I-9 that relate to its employees, or from other requirements of applicable regulations or laws, including the obligation to comply with the antidiscrimination requirements of section 274B of the INA with respect to Form I-9 procedures. A. The following modified requirements are the only exceptions to an Employer's obligation to not employ unauthorized workers and comply with the anti-discrimination provision of the INA: (1) List B identity documents must have photos, as described in paragraph 5 above; (2) When an Employer confirms the identity and employment eligibility of newly hired employee using E-Verify procedures, the Employer establishes a rebuttable presumption that it has not violated section 274A(a)(1)(A) of the Immigration and Nationality Act (INA) with respect to the hiring of that employee; (3) If the Employer receives a final nonconfirmation for an employee, but continues to employ that person, the Employer must notify DHS and the Employer is subject to a civil money penalty between $550 and $1,100 for each failure to notify DHS of continued employment following a final nonconfirmation; (4) If the Employer continues to employ an employee after receiving a final nonconfirmation, then the Employer is subject to a rebuttable presumption that it has knowingly employed an unauthorized alien in violation of section 274A(a)(1)(A); and (5) no E-Verify participant is civilly or criminally liable under any law for any action taken in good faith based on information provided through the E-Verify. B. DHS reserves the right to conduct Form I-9 compliance inspections, as well as any other enforcement or compliance activity authorized by law, including site visits, to ensure proper use of E-Verify. 7. The Employer is strictly prohibited from creating an E-Verify case before the employee has been hired, meaning that a firm offer of employment was extended and accepted and Form I-9 was completed. The Employer agrees to create an E-Verify case for new employees within three Employer business days after each employee has been hired (after both Sections 1 and 2 of Form I-9 have been completed), and to complete as many steps of the E-Verify process as are necessary according to the E-Verify User Manual. If E- Verify is temporarily unavailable, the three-day time period will be extended until it is again operational in order to accommodate the Employer's attempting, in good faith, to make inquiries during the period of unavailability. 8. The Employer agrees not to use E-Verify for pre-employment screening of job applicants, in support of any unlawful employment practice, or for any other use that this MOU or the E-Verify User Manual does not authorize. 9. The Employer must use E-Verify (through its E-Verify Employer Agent) for all new employees. The Employer will not verify selectively and will not verify employees hired before the effective date of this MOU. Employers who are Federal contractors may qualify for exceptions to this requirement as described in Article II.B of this MOU. 10. The Employer agrees to follow appropriate procedures (see Article III below) regarding tentative nonconfirmations. The Employer must promptly notify employees in private of the finding and provide them with the notice and letter containing information specific to the employee's E-Verify case. The Employer agrees to provide both the English and the translated notice and letter for employees with limited English proficiency to employees. The Employer agrees to provide written referral instructions to employees and instruct affected employees to bring the English copy of the letter to the SSA. The Employer must allow employees to contest the finding, and not take adverse action against employees if they choose to contest the finding, while their case is still pending. Further, when employees contest a tentative nonconfirmation based upon a photo mismatch, the Employer must take additional steps (see Article III.B below) to contact DHS with information necessary to resolve the challenge. 11. The Employer agrees not to take any adverse action against an employee based upon the employee's perceived employment eligibility status while SSA or DHS is processing the verification request unless the Employer obtains knowledge (as defined in 8 C.F.R. Section 274a.1(l)) that the employee is not work authorized. The Employer understands that an initial inability of the SSA or DHS automated verification system to verify work authorization, a tentative nonconfirmation, a case in continuance (indicating the need for additional time for the government to resolve a case), or the finding of a photo mismatch, does not establish, and should not be interpreted as, evidence that the employee is not work authorized. In any of such cases, the employee must be provided a full and fair opportunity to contest the finding, and if he or she does so, the employee may not be terminated or suffer any adverse employment consequences based upon the employee's perceived employment eligibility status (including denying, reducing, or extending work hours, delaying or preventing training, requiring an employee to work in poorer conditions, withholding pay, refusing to assign the employee to a Federal contract or other assignment, or otherwise assuming that he or she is unauthorized to work) until and unless secondary verification by SSA or DHS has been completed and a final nonconfirmation has been issued. If the employee does not choose to contest a tentative nonconfirmation or a photo mismatch or if a secondary verification is completed and a final nonconfirmation is issued, then the Employer can find the employee is not work authorized and terminate Company ID Number:72760 Client Company ID Number:1624574 Page 2 of 13 | E-Verify MOU for Employers Using an E-Verify Employer Agent | Revision Date 06/01/13 16.E.3.b Packet Pg. 1125 Attachment: Supporting Documentation-Combined (14882 : #17-7091_Assumption Agreement_AmayaSolutions) the employee's employment. Employers or employees with questions about a final nonconfirmation may call E-Verify at 1-888-464-4218 (customer service) or 1-888-897-7781 (worker hotline). 12. The Employer agrees to comply with Title VII of the Civil Rights Act of 1964 and section 274B of the INA as applicable by not discriminating unlawfully against any individual in hiring, firing, employment eligibility verification, or recruitment or referral practices because of his or her national origin or citizenship status, or by committing discriminatory documentary practices. The Employer understands that such illegal practices can include selective verification or use of E-Verify except as provided in part D below, or discharging or refusing to hire employees because they appear or sound "foreign" or have received tentative nonconfirmations. The Employer further understands that any violation of the immigration-related unfair employment practices provisions in section 274B of the INA could subject the Employer to civil penalties, back pay awards, and other sanctions, and violations of Title VII could subject the Employer to back pay awards, compensatory and punitive damages. Violations of either section 274B of the INA or Title VII may also lead to the termination of its participation in E-Verify. If the Employer has any questions relating to the anti-discrimination provision, it should contact OSC at 1-800-255-8155 or 1-800-237-2515 (TDD). 13. The Employer agrees that it will use the information it receives from E-Verify (through its E-Verify Employer Agent) only to confirm the employment eligibility of employees as authorized by this MOU. The Employer agrees that it will safeguard this information, and means of access to it (such as PINS and passwords), to ensure that it is not used for any other purpose and as necessary to protect its confidentiality, including ensuring that it is not disseminated to any person other than employees of the Employer who are authorized to perform the Employer's responsibilities under this MOU, except for such dissemination as may be authorized in advance by SSA or DHS for legitimate purposes. 14. The Employer agrees to notify DHS immediately in the event of a breach of personal information. Breaches are defined as loss of control or unauthorized access to E-Verify personal data. All suspected or confirmed breaches should be reported by calling 1-888-464-4218 or via email a E-Verify@uscis.dhs.gov. Please use "Privacy Incident - Password" in the subject line of your email when sending a breach report to E-Verify. 15. The Employer acknowledges that the information it receives through the E-Verify Employer Agent from SSA is governed by the Privacy Act (5 U.S.C. Section 552a(i)(1) and (3)) and the Social Security Act (42 U.S.C. 1306(a)). Any person who obtains this information under false pretenses or uses it for any purpose other than as provided for in this MOU may be subject to criminal penalties. 16. The Employer agrees to cooperate with DHS and SSA in their compliance monitoring and evaluation of E- Verify (whether directly or through their E-Verify Employer Agent), which includes permitting DHS, SSA, their contractors and other agents, upon reasonable notice, to review Forms I-9 and other employment records and to interview it and its employees regarding the Employer's use of E-Verify, and to respond in a prompt and accurate manner to DHS requests for information relating to their participation in E-Verify. 17. The Employer shall not make any false or unauthorized claims or references about its participation in E- Verify on its website, in advertising materials, or other media. The Employer shall not describe its services as federally-approved, federally-certified, or federally-recognized, or use language with a similar intent on its website or other materials provided to the public. Entering into this MOU does not mean that E-Verify endorses or authorizes your E-Verify services and any claim to that effect is false. 18. The Employer shall not state in its website or other public documents that any language used therein has been provided or approved by DHS, USCIS or the Verification Division, without first obtaining the prior written consent of DHS. 19. The Employer agrees that E-Verify trademarks and logos may be used only under license by DHS/USCIS (see M-795 (Web)) and, other than pursuant to the specific terms of such license, may not be used in any manner that might imply that the Employer's services, products, websites, or publications are sponsored by, endorsed by, licensed by, or affiliated with DHS, USCIS, or E-Verify. 20. The Employer understands that if it uses E-Verify procedures for any purpose other than as authorized by this MOU, the Employer may be subject to appropriate legal action and termination of its participation in E- Verify according to this MOU. 21. The Employer agrees that it will notify its E-Verify Employer Agent immediately if it is awarded a federal contract with the FAR clause. Your E-Verify Employer Agent needs this information so that it can update your company's E-Verify profile within 30 days of the contract award date. B. RESPONSIBILITIES OF E-VERIFY EMPLOYER AGENT 1. The E-Verify Employer Agent agrees to provide to the SSA and DHS the names, titles, addresses, and telephone numbers of the E-Verify Employer Agent representatives who will be accessing information under E-Verify and shall update them as needed to keep them current. 2. The E-Verify Employer Agent agrees to become familiar with and comply with the E-Verify User Manual and provide a copy of the most current version of the E-Verify User Manual to the Employer so that the Employer Company ID Number:72760 Client Company ID Number:1624574 Page 3 of 13 | E-Verify MOU for Employers Using an E-Verify Employer Agent | Revision Date 06/01/13 16.E.3.b Packet Pg. 1126 Attachment: Supporting Documentation-Combined (14882 : #17-7091_Assumption Agreement_AmayaSolutions) can become familiar with and comply with E-Verify policy and procedures. The E-Verify Employer Agent agrees to obtain a revised E-Verify User Manual as it becomes available and to provide a copy of the revised version to the Employer no later than 30 days after the manual becomes available. 3. The E-Verify Employer Agent agrees that any person accessing E-Verify on its behalf is trained on the most recent E-Verify policy and procedures. 4. The E-Verify Employer Agent agrees that any E-Verify Employer Agent Representative who will perform employment verification cases will complete the E-Verify Tutorial before that individual initiates any cases. A. The E-Verify Employer Agent agrees that all E-Verify Employer Agent representatives will take the refresher tutorials initiated by the E-Verify program as a condition of continued use of E-Verify, including any tutorials for Federal contractors, if any of the Employers represented by the E-Verify Employer Agent is a Federal contractor. B. Failure to complete a refresher tutorial will prevent the E-Verify Employer Agent and Employer from continued use of E-Verify. 5. The E-Verify Employer Agent agrees to grant E-Verify access only to current employees who need E-Verify access. The E-Verify Employer Agent must promptly terminate an employee's E-Verify access if the employee is separated from the company or no longer needs access to E-Verify. 6. The E-Verify Employer Agent agrees to obtain the necessary equipment to use E- Verify as required by the E-Verify rules and regulations as modified from time to time. 7. The E-Verify Employer Agent agrees to, consistent with applicable laws, regulations, and policies, commit sufficient personnel and resources to meet the requirements of this MOU. 8. The E-Verify Employer Agent agrees to provide its clients with training on E-Verify processes, policies, and procedures. The E-Verify Employer Agent also agrees to provide its clients with ongoing E-Verify training as needed. E-Verify is not responsible for providing training to clients of E-Verify Employer Agents. 9. The E-Verify Employer Agent agrees to provide the Employer with the notices described in Article II.B.1 below. 10. The E-Verify Employer Agent agrees to create E-Verify cases for the Employer it represents in accordance with the E-Verify Manual, the E-Verify Web-Based Tutorial and all other published E-Verify rules and procedures. The E-Verify Employer Agent will create E-Verify cases using information provided by the Employer and will immediately communicate the response back to the Employer. If E-Verify is temporarily unavailable, the three-day time period will be extended until it is again operational in order to accommodate the E-Verify Employer Agent's attempting, in good faith, to make inquiries on behalf of the Employer during the period of unavailability 11. When the E-Verify Employer Agent receives notice from a client company that it has received a contract with the FAR clause, then the E-Verify Employer Agent must update the company's E-Verify profile within 30 days of the contract award date. 12. If data is transmitted between the E-Verify Employer Agent and its client, then the E-Verify Employer Agent agrees to protect personally identifiable information during transmission to and from the E-Verify Employer Agent. 13. The E-Verify Employer Agent agrees to notify DHS immediately in the event of a breach of personal information. Breaches are defined as loss of control or unauthorized access to E-Verify personal data. All suspected or confirmed breaches should be reported by calling 1-888-464-4218 or via email at E- Verify@uscis.dhs.gov. Please use "Privacy Incident - Password" in the subject line of your email when sending a breach report to E-Verify. 14. The E-Verify Employer Agent agrees to fully cooperate with DHS and SSA in their compliance monitoring and evaluation of E-Verify, including permitting DHS, SSA, their contractors and other agents, upon reasonable notice, to review Forms I-9, employment records, and all records pertaining to the E-Verify Employer Agent's use of E-Verify, and to interview it and its employees regarding the use of E-Verify, and to respond in a timely and accurate manner to DHS requests for information relating to their participation in E- Verify. 15. The E-Verify Employer Agent shall not make any false or unauthorized claims or references about its participation in E-Verify on its website, in advertising materials, or other media. The E-Verify Employer Agent shall not describe its services as federally-approved, federally-certified, or federally-recognized, or use language with a similar intent on its website or other materials provided to the public. Entering into this MOU does not mean that E-Verify endorses or authorizes your E-Verify Employer Agent services and any claim to that effect is false. 16. The E-Verify Employer Agent shall not state in its website or other public documents that any language used therein has been provided or approved by DHS, USCIS or the Verification Division, without first obtaining the Company ID Number:72760 Client Company ID Number:1624574 Page 4 of 13 | E-Verify MOU for Employers Using an E-Verify Employer Agent | Revision Date 06/01/13 16.E.3.b Packet Pg. 1127 Attachment: Supporting Documentation-Combined (14882 : #17-7091_Assumption Agreement_AmayaSolutions) prior written consent of DHS. 17. The E-Verify Employer Agent agrees that E-Verify trademarks and logos may be used only under license by DHS/USCIS (see ) and, other than pursuant to the specific terms of such license, may not be used in any manner that might imply that the E-Verify Employer Agent's services, products, websites, or publications are sponsored by, endorsed by, licensed by, or affiliated with DHS, USCIS, or E-Verify. 18. The E-Verify Employer Agent understands that if it uses E-Verify procedures for any purpose other than as authorized by this MOU, the E-Verify Employer Agent may be subject to appropriate legal action and termination of its participation in E-Verify according to this MOU. C. RESPONSIBILITIES OF FEDERAL CONTRACTORS The E-Verify Employer Agent shall ensure that the E-Verify Employer Agent and the Employers represented by the E- Verify Employer Agent carry out the following responsibilities if the Employer is a Federal contractor or becomes a federal contractor. The E-Verify Employer Agent should instruct the client to keep the E-Verify Employer Agent informed about any changes or updates related to federal contracts. It is the E-Verify Employer Agent's responsibility to ensure that its clients are in compliance with all E-Verify policies and procedures. 1. If the Employer is a Federal contractor with the FAR E-Verify clause subject to the employment verification terms in Subpart 22.18 of the FAR, it will become familiar with and comply with the most current version of the E-Verify User Manual for Federal Contractors as well as the E-Verify Supplemental Guide for Federal Contractors. 2. In addition to the responsibilities of every employer outlined in this MOU, the Employer understands that if it is a Federal contractor subject to the employment verification terms in Subpart 22.18 of the FAR it must verify the employment eligibility of any "employee assigned to the contract" (as defined in FAR 22.1801). Once an employee has been verified through E-Verify by the Employer, the Employer may not reverify the employee through E-Verify. A. An Employer that is not enrolled in E-Verify as a Federal contractor at the time of a contract award must enroll as a Federal contractor in the E-Verify program within 30 calendar days of contract award and, within 90 days of enrollment, begin to verify employment eligibility of new hires using E- Verify. The Employer must verify those employees who are working in the United States, whether or not they are assigned to the contract. Once the Employer begins verifying new hires, such verification of new hires must be initiated within three business days after the hire date. Once enrolled in E-Verify as a Federal contractor, the Employer must begin verification of employees assigned to the contract within 90 calendar days after the date of enrollment or within 30 days of an employee's assignment to the contract, whichever date is later. B. Employers enrolled in E-Verify as a Federal contractor for 90 days or more at the time of a contract award must use E-Verify to begin verification of employment eligibility for new hires of the Employer who are working in the United States, whether or not assigned to the contract, within three business days after the date of hire. If the Employer is enrolled in E-Verify as a Federal contractor for 90 calendar days or less at the time of contract award, the Employer must, within 90 days of enrollment, begin to use E-Verify to initiate verification of new hires of the contractor who are working in the United States, whether or not assigned to the contract. Such verification of new hires must be initiated within three business days after the date of hire. An Employer enrolled as a Federal contractor in E-Verify must begin verification of each employee assigned to the contract within 90 calendar days after date of contract award or within 30 days after assignment to the contract, whichever is later. C. Federal contractors that are institutions of higher education (as defined at 20 U.S.C. 1001(a)), state or local governments, governments of Federally recognized Indian tribes, or sureties performing under a takeover agreement entered into with a Federal agency under a performance bond may choose to only verify new and existing employees assigned to the Federal contract. Such Federal contractors may, however, elect to verify all new hires, and/or all existing employees hired after November 6, 1986. Employers in this category must begin verification of employees assigned to the contract within 90 calendar days after the date of enrollment or within 30 days of an employee's assignment to the contract, whichever date is later. D. Upon enrollment, Employers who are Federal contractors may elect to verify employment eligibility of all existing employees working in the United States who were hired after November 6, 1986, instead of verifying only those employees assigned to a covered Federal contract. After enrollment, Employers must elect to verify existing staff following DHS procedures and begin E-Verify verification of all existing employees within 180 days after the election. E. The Employer may use a previously completed Form I-9 as the basis for creating anE-Verify case for an employee assigned to a contract as long as: i. That Form I-9 is complete (including the SSN) and complies with Article II.A.6, Company ID Number:72760 Client Company ID Number:1624574 Page 5 of 13 | E-Verify MOU for Employers Using an E-Verify Employer Agent | Revision Date 06/01/13 16.E.3.b Packet Pg. 1128 Attachment: Supporting Documentation-Combined (14882 : #17-7091_Assumption Agreement_AmayaSolutions) ii. The employee's work authorization has not expired, and iii. The Employer has reviewed the information reflected in the Form I-9 either in person or in communications with the employee to ensure that the employee's Section 1, Form I-9 attestation has not changed (including, but not limited to, a lawful permanent resident alien having become a naturalized U.S. citizen). F. The Employer shall complete a new Form I-9 consistent with Article II.A.6 or update the previous Form I-9 to provide the necessary information if: i. The Employer cannot determine that Form I-9 complies with Article II.A.6, ii. The employee's basis for work authorization as attested in Section 1 has expired or changed, or iii. The Form I-9 contains no SSN or is otherwise incomplete. Note: If Section 1 of Form I-9 is otherwise valid and up-to-date and the form otherwise complies with Article II.C.5, but reflects documentation (such as a U.S. passport or Form I-551) that expired after completing Form I-9, the Employer shall not require the production of additional documentation, or use the photo screening tool described in Article II.A.5, subject to any additional or superseding instructions that may be provided on this subject in the E-Verify User Manual. G. The Employer agrees not to require a second verification using E-Verify of any assigned employee who has previously been verified as a newly hired employee under this MOU or to authorize verification of any existing employee by any Employer that is not a Federal contractor based on this Article. 3. The Employer understands that if it is a Federal contractor, its compliance with this MOU is a performance requirement under the terms of the Federal contract or subcontract, and the Employer consents to the release of information relating to compliance with its verification responsibilities under this MOU to contracting officers or other officials authorized to review the Employer's compliance with Federal contracting requirements. D. RESPONSIBILITIES OF SSA 1. SSA agrees to allow DHS to compare data provided by the Employer (through the E-Verify Employer Agent) against SSA's database. SSA sends DHS confirmation that the data sent either matches or does not match the information in SSA's database. 2. SSA agrees to safeguard the information the Employer provides (through the E-Verify Employer Agent) through E-Verify procedures. SSA also agrees to limit access to such information, as is appropriate by law, to individuals responsible for the verification of Social Security numbers or responsible for evaluation of E- Verify or such other persons or entities who may be authorized by SSA as governed by the Privacy Act (5 U.S.C. Section 552a), the Social Security Act (42 U.S.C. 1306(a)), and SSA regulations (20 CFR Part 401). 3. SSA agrees to provide case results from its database within three Federal Government work days of the initial inquiry. E-Verify provides the information to the E-Verify Employer Agent. 4. SSA agrees to update SSA records as necessary if the employee who contests the SSA tentative nonconfirmation visits an SSA field office and provides the required evidence. If the employee visits an SSA field office within the eight Federal Government work days from the date of referral to SSA, SSA agrees to update SSA records, if appropriate, within the eight-day period unless SSA determines that more than eight days may be necessary. In such cases, SSA will provide additional instructions to the employee. If the employee does not visit SSA in the time allowed, E-Verify may provide a final nonconfirmation to the E-Verify Employer Agent. Note: If an Employer experiences technical problems, or has a policy question, the employer should contact E-Verify at 1-888-464-4218. E. RESPONSIBILITIES OF DHS 1. DHS agrees to provide the Employer with selected data from DHS databases to enable the Employer (through the E-Verify Employer Agent) to conduct, to the extent authorized by this MOU: A. Automated verification checks on alien employees by electronic means, and B. Photo verification checks (when available) on employees. 2. DHS agrees to assist the E-Verify Employer Agent with operational problems associated with its participation in E-Verify. DHS agrees to provide the E-Verify Employer Agent names, titles, addresses, and telephone numbers of DHS representatives to be contacted during the E-Verify process. 3. DHS agrees to provide to the E-Verify Employer Agent with access to E-Verify training materials as well as Company ID Number:72760 Client Company ID Number:1624574 Page 6 of 13 | E-Verify MOU for Employers Using an E-Verify Employer Agent | Revision Date 06/01/13 16.E.3.b Packet Pg. 1129 Attachment: Supporting Documentation-Combined (14882 : #17-7091_Assumption Agreement_AmayaSolutions) an E-Verify User Manual that contain instructions on E-Verify policies, procedures, and requirements for both SSA and DHS, including restrictions on the use of E-Verify. 4. DHS agrees to train E-Verify Employer Agents on all important changes made to E-Verify through the use of mandatory refresher tutorials and updates to the E-Verify User Manual. Even without changes to E-Verify, DHS reserves the right to require E-Verify Employer Agents to take mandatory refresher tutorials. 5. DHS agrees to provide to the Employer (through the E-Verify Employer Agent) a notice, which indicates the Employer's participation in E-Verify. DHS also agrees to provide to the Employer anti-discrimination notices issued by the Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC), Civil Rights Division, U.S. Department of Justice. 6. DHS agrees to issue each of the E-Verify Employer Agent's E-Verify users a unique user identification number and password that permits them to log in to E-Verify. 7. HS agrees to safeguard the information the Employer provides (through the E-Verify Employer Agent), and to limit access to such information to individuals responsible for the verification process, for evaluation of E- Verify, or to such other persons or entities as may be authorized by applicable law. Information will be used only to verify the accuracy of Social Security numbers and employment eligibility, to enforce the INA and Federal criminal laws, and to administer Federal contracting requirements. 8. DHS agrees to provide a means of automated verification that provides (in conjunction with SSA verification procedures) confirmation or tentative nonconfirmation of employees' employment eligibility within three Federal Government work days of the initial inquiry. 9. DHS agrees to provide a means of secondary verification (including updating DHS records) for employees who contest DHS tentative nonconfirmations and photo mismatch tentative nonconfirmations. This provides final confirmation or nonconfirmation of the employees' employment eligibility within 10 Federal Government work days of the date of referral to DHS, unless DHS determines that more than 10 days may be necessary. In such cases, DHS will provide additional verification instructions. ARTICLE III REFERRAL OF INDIVIDUALS TO SSA AND DHS A. REFERRAL TO SSA 1. If the Employer receives a tentative nonconfirmation issued by SSA, the Employer must print the notice as directed by E-Verify. The Employer must promptly notify employees in private of the finding and provide them with the notice and letter containing information specific to the employee's E-Verify case. The Employer also agrees to provide both the English and the translated notice and letter for employees with limited English proficiency to employees. The Employer agrees to provide written referral instructions to employees and instruct affected employees to bring the English copy of the letter to the SSA. The Employer must allow employees to contest the finding, and not take adverse action against employees if they choose to contest the finding, while their case is still pending. 2. The Employer agrees to obtain the employee's response about whether he or she will contest the tentative nonconfirmation as soon as possible after the Employer receives the tentative nonconfirmation. Only the employee may determine whether he or she will contest the tentative nonconfirmation. 3. After a tentative nonconfirmation, the Employer will refer employees to SSA field offices only as directed by E-Verify. The Employer must record the case verification number, review the employee information submitted to E-Verify to identify any errors, and find out whether the employee contests the tentative nonconfirmation. The Employer will transmit the Social Security number, or any other corrected employee information that SSA requests, to SSA for verification again if this review indicates a need to do so. 4. The Employer will instruct the employee to visit an SSA office within eight Federal Government work days. SSA will electronically transmit the result of the referral to the Employer within 10 Federal Government work days of the referral unless it determines that more than 10 days is necessary. 5. While waiting for case results, the Employer agrees to check the E-Verify system regularly for case updates. 6. The Employer agrees not to ask the employee to obtain a printout from the Social Security Administration number database (the Numident) or other written verification of the SSN from the SSA. B. REFERRAL TO DHS 1. If the Employer receives a tentative nonconfirmation issued by DHS, the Employer must promptly notify employees in private of the finding and provide them with the notice and letter containing information specific to the employee's E-Verify case. The Employer also agrees to provide both the English and the translated notice and letter for employees with limited English proficiency to employees. The Employer must allow employees to contest the finding, and not take adverse action against employees if they choose to Company ID Number:72760 Client Company ID Number:1624574 Page 7 of 13 | E-Verify MOU for Employers Using an E-Verify Employer Agent | Revision Date 06/01/13 16.E.3.b Packet Pg. 1130 Attachment: Supporting Documentation-Combined (14882 : #17-7091_Assumption Agreement_AmayaSolutions) contest the finding, while their case is still pending. 2. The Employer agrees to obtain the employee's response about whether he or she will contest the tentative nonconfirmation as soon as possible after the Employer receives the tentative nonconfirmation. Only the employee may determine whether he or she will contest the tentative nonconfirmation. 3. The Employer agrees to refer individuals to DHS only when the employee chooses to contest a tentative nonconfirmation. 4. If the employee contests a tentative nonconfirmation issued by DHS, the Employer will instruct the employee to contact DHS through its toll-free hotline (as found on the referral letter) within eight Federal Government work days. 5. If the Employer finds a photo mismatch, the Employer must provide the photo mismatch tentative nonconfirmation notice and follow the instructions outlined in paragraph 1 of this section for tentative nonconfirmations, generally. 6. The Employer agrees that if an employee contests a tentative nonconfirmation based upon a photo mismatch, the Employer will send a copy of the employee's Form I-551, Form I-766, U.S. Passport, or passport card to DHS for review by: A. Scanning and uploading the document, or B. Sending a photocopy of the document by express mail (furnished and paid for by the employer). 7. The Employer understands that if it cannot determine whether there is a photo match/mismatch, the Employer must forward the employee's documentation to DHS as described in the preceding paragraph. The Employer agrees to resolve the case as specified by the DHS representative who will determine the photo match or mismatch. 8. DHS will electronically transmit the result of the referral to the Employer within 10 Federal Government work days of the referral unless it determines that more than 10 days is necessary. 9. While waiting for case results, the Employer agrees to check the E-Verify system regularly for case updates. ARTICLE IV SERVICE PROVISIONS A. NO SERVICE FEES 1. SSA and DHS will not charge the Employer for verification services performed under this MOU. The Employer is responsible for providing equipment needed to make inquiries. To access E-Verify, an Employer will need a personal computer with Internet access. ARTICLE V MODIFICATION AND TERMINATION A. MODIFICATION 1. This MOU is effective upon the signature of all parties and shall continue in effect for as long as the SSA and DHS operates the E-Verify program unless modified in writing by the mutual consent of all parties. 2. Any and all E-Verify system enhancements by DHS or SSA, including but not limited to E-Verify checking against additional data sources and instituting new verification policies or procedures, will be covered under this MOU and will not cause the need for a supplemental MOU that outlines these changes. B. TERMINATION 1. The Employer may terminate this MOU and its participation in E-Verify at any time upon 30 days prior written notice to the other parties. In addition, any Employer represented by the E-Verify Employer Agent may voluntarily terminate this MOU upon giving DHS 30 days' written notice. 2. Notwithstanding Article V, part A of this MOU, DHS may terminate this MOU, and thereby the Employer's participation in E-Verify, with or without notice at any time if deemed necessary because of the requirements of law or policy, or upon a determination by SSA or DHS that there has been a breach of system integrity or security by the Employer, or a failure on the part of the Employer to comply with established E-Verify procedures and/or legal requirements. The Employer understands that if it is a Federal contractor, termination of this MOU by any party for any reason may negatively affect the performance of its contractual responsibilities. Similarly, the Employer understands that if it is in a state where E-Verify is mandatory, termination of this by any party MOU may negatively affect the Employer's business. 3. An Employer that is a Federal contractor may terminate this MOU when the Federal contract that requires its Company ID Number:72760 Client Company ID Number:1624574 Page 8 of 13 | E-Verify MOU for Employers Using an E-Verify Employer Agent | Revision Date 06/01/13 16.E.3.b Packet Pg. 1131 Attachment: Supporting Documentation-Combined (14882 : #17-7091_Assumption Agreement_AmayaSolutions) participation in E-Verify is terminated or completed. In such cases, the Federal contractor must provide written notice to DHS. If an Employer that is a Federal contractor fails to provide such notice, then that Employer will remain an E-Verify participant, will remain bound by the terms of this MOU that apply to non- Federal contractor participants, and will be required to use the E-Verify procedures to verify the employment eligibility of all newly hired employees. 4. The Employer agrees that E-Verify is not liable for any losses, financial or otherwise, if the Employer is terminated from E-Verify. 5. Upon termination of the relationship between an Employer and their E-Verify Employer Agent, E-Verify cannot provide the Employer with its records. The Employer agrees to seek its records from the E-Verify Employer Agent. ARTICLE VI PARTIES A. Some or all SSA and DHS responsibilities under this MOU may be performed by contractor(s), and SSA and DHS may adjust verification responsibilities between each other as necessary. By separate agreement with DHS, SSA has agreed to perform its responsibilities as described in this MOU. B. Nothing in this MOU is intended, or should be construed, to create any right or benefit, substantive or procedural, enforceable at law by any third party against the United States, its agencies, officers, or employees, or against the Employer, its agents, officers, or employees. C. The Employer may not assign, directly or indirectly, whether by operation of law, change of control or merger, all or any part of its rights or obligations under this MOU without the prior written consent of DHS, which consent shall not be unreasonably withheld or delayed. Any attempt to sublicense, assign, or transfer any of the rights, duties, or obligations herein is void. D. Each party shall be solely responsible for defending any claim or action against it arising out of or related to E-Verify or this MOU, whether civil or criminal, and for any liability wherefrom, including (but not limited to) any dispute between the Employer and any other person or entity regarding the applicability of Section 403(d) of IIRIRA to any action taken or allegedly taken by the Employer. E. The Employer understands that its participation in E-Verify is not confidential information and may be disclosed as authorized or required by law and DHS or SSA policy, including but not limited to, Congressional oversight, E-Verify publicity and media inquiries, determinations of compliance with Federal contractual requirements, and responses to inquiries under the Freedom of Information Act (FOIA). F. The individuals whose signatures appear below represent that they are authorized to enter into this MOU on behalf of the Employer, the E-Verify Employer Agent, and DHS respectively. The Employer understands that any inaccurate statement, representation, data or other information provided to DHS may subject the Employer, its subcontractors, its employees, or its representatives to: (1) prosecution for false statements pursuant to 18 U.S.C. 1001 and/or; (2) immediate termination of its MOU and/or; (3) possible debarment or suspension. G. The foregoing constitutes the full agreement on this subject between DHS, the Employer, and the E-Verify Employer Agent. Amaya Solutions, Inc. (Employer) hereby designates and appoints Sreehari Krishnadas (E- Verify Employer Agent), including its officers and employees, as the E-Verify Employer Agent for the purpose of carrying out (Employer) responsibilities under the MOU between the Employer, the E-Verify Employer Agent, and DHS. Company ID Number:72760 Client Company ID Number:1624574 Page 9 of 13 | E-Verify MOU for Employers Using an E-Verify Employer Agent | Revision Date 06/01/13 16.E.3.b Packet Pg. 1132 Attachment: Supporting Documentation-Combined (14882 : #17-7091_Assumption Agreement_AmayaSolutions) If you have any questions, contact E-Verify at 1-888-464-4218. Approved by: Employer Amaya Solutions, Inc. Name (Please Type or Print) Rudy Canezo Title Signature Electronically Signed Date January 07, 2021 E-Verify Employer Agent ADP TotalSource, Inc. (GA) Name (Please Type or Print) Sreehari Krishnadas Title Signature Electronically Signed Date January 07, 2021 Department of Homeland Security - Verification Division Name USCIS Verification Division Title Signature Electronically Signed Date January 07, 2021 Company ID Number:72760 Client Company ID Number:1624574 Page 10 of 13 | E-Verify MOU for Employers Using an E-Verify Employer Agent | Revision Date 06/01/13 Treasurer 16.E.3.b Packet Pg. 1133 Attachment: Supporting Documentation-Combined (14882 : #17-7091_Assumption Agreement_AmayaSolutions) Information Required for the E-Verify Program Information relating to your Company: Company Name Amaya Solutions, Inc. Company Facility Address 1802 Corporate Center Lane PlantCity, FL 33563 Company Alternate Address 1802 Corporate Center Lane PlantCity, FL 33563 County or Parish Hillsborough Employer Identification Number 84-4097612 North American Industry Classification Systems Code Merchant Wholesalers, Nondurable Goods (424) Parent Company Number of Employees 20 to 99 Number of Sites Verified for 1 Company ID Number:72760 Client Company ID Number:1624574 Page 11 of 13 | E-Verify MOU for Employers Using an E-Verify Employer Agent | Revision Date 06/01/13 16.E.3.b Packet Pg. 1134 Attachment: Supporting Documentation-Combined (14882 : #17-7091_Assumption Agreement_AmayaSolutions) Are you verifying for more than 1 site? If yes, please provide the number of sites verified for in each State: Florida 1 Company ID Number:72760 Client Company ID Number:1624574 Page 12 of 13 | E-Verify MOU for Employers Using an E-Verify Employer Agent | Revision Date 06/01/13 16.E.3.b Packet Pg. 1135 Attachment: Supporting Documentation-Combined (14882 : #17-7091_Assumption Agreement_AmayaSolutions) Information relating to the Program Administrator(s) for your Company on policy questions or operational problems: Name Rudy Canezo Phone Number (813) 765-5694 Fax Number Email Address rcanezo@membranechemicals.com Company ID Number:72760 Client Company ID Number:1624574 Page 13 of 13 | E-Verify MOU for Employers Using an E-Verify Employer Agent | Revision Date 06/01/13 16.E.3.b Packet Pg. 1136 Attachment: Supporting Documentation-Combined (14882 : #17-7091_Assumption Agreement_AmayaSolutions) 16.E.3.b Packet Pg. 1137 Attachment: Supporting Documentation-Combined (14882 : #17-7091_Assumption INSR ADDL SUBR LTR INSR WVD DATE (MM/DD/YYYY) PRODUCER CONTACT NAME: FAXPHONE (A/C, No):(A/C, No, Ext): E-MAIL ADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY) COMMERCIAL GENERAL LIABILITY AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE INSURER(S) AFFORDING COVERAGE NAIC # Y / N N / A (Mandatory in NH) ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? EACH OCCURRENCE $ DAMAGE TO RENTED $PREMISES (Ea occurrence)CLAIMS-MADE OCCUR MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ $ PRO- OTHER: LOCJECT COMBINED SINGLE LIMIT $(Ea accident) BODILY INJURY (Per person)$ANY AUTO OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS AUTOS ONLY HIRED PROPERTY DAMAGE $AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE $ CLAIMS-MADE AGGREGATE $ DED RETENTION $$ PER OTH- STATUTE ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMIT $DESCRIPTION OF OPERATIONS below POLICY NON-OWNED SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORDACORD 25 (2016/03) ACORDTM CERTIFICATE OF LIABILITY INSURANCE Evanston Insurance Company Owners Insurance Company United Financial Casualty Company Auto Owners Insurance 1/13/2021 McGriff Insurance Services PO Box 4927 Orlando, FL 32802-4927 407 691-9600 407 691-9600 888-635-4183 Amaya Solutions Inc dba American Water Chemicals 1802 Corporate Center Lane Plant City, FL 33563 35378 32700 11770 18988 A X X X X MKLV2ENV101925 10/13/2020 10/13/2021 1,000,000 100,000 5,000 1,000,000 2,000,000 2,000,000 B C B D X X X FL - 4947152204 CA - 028106570 KY - 4947152205 OH - 4947152206 10/20/2020 10/21/2020 10/20/2020 10/20/2020 10/20/2021 10/21/2021 10/20/2021 10/20/2021 1,000,000 A X X MKLV2EFX100584 10/13/2020 10/13/2021 5,000,000 5,000,000 A Contr Pollution Transp Pollution Non-Own Disp Site MKLV2ENV101925 MKLV2ENV101925 MKLV2ENV101925 10/13/2020 10/13/2020 10/13/2020 10/13/2021 10/13/2021 10/13/2021 $2,000,000 $1,000,000 $1,000,000 Re: For any and all work performed on behalf of Collier County Certificate Holder is included as Additional Insured-Completed Operations if required by written contract for General Liability per CG2037 (04/13). Blanket Waiver of Subrogation Applies per Automatic Transfer of Rights of Recovery Against Others to Us form MEEI 2592 (08/19). Excess Liability policy is follow form. Collier County Board of County Commissioners 3295 Tamiami Trail East Naples, FL 34112 1 of 1 #S27180847/M26693733 131AMERIWATClient#: 2211638 MOCO 1 of 1 #S27180847/M26693733 16.E.3.b Packet Pg. 1138 Attachment: Supporting Documentation-Combined (14882 : #17-7091_Assumption Agreement_AmayaSolutions) This page has been left blank intentionally. 16.E.3.b Packet Pg. 1139 Attachment: Supporting Documentation-Combined (14882 : #17-7091_Assumption Agreement_AmayaSolutions)